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United States of America v. Tiem Trinh

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Before Lynch, Chief Judge, Torruella and Howard, Circuit Judges.

Defendant-Appellant Tiem Trinh (“Trinh”) was convicted after a jury trial for the following charges: conspiring to distribute and possess with intent to distribute 1,000 kilograms or more of marijuana; money laundering; engaging in unlawful monetary transactions; and perjury. He now appeals his convictions on three grounds. First, he claims the district court improperly denied his motion to suppress evidence seized pursuant to a search warrant that he alleges was neither supported by probable cause nor sufficiently particularized, was based on stale information, and led to the allegedly “bad faith” destruction of a marijuana leaf. Second, Trinh argues the district court improperly denied his motion to sever his trial because his defense was irreconcilably inconsistent with those of his co-defendants. Lastly, Trinh contends the district court erred in removing a juror and in denying his motion for a mistrial. Finding no error in the district court’s determinations, we affirm.

I. Background

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